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<br /> GnIGNAL 7, nI
<br /> LICENSE AGREEMENT - LOCAL GOVERNMENTAL ENTITIES Q - �
<br /> MSR �9reementbetween the American Society of Composers , Authors and Publishers ( " ASCAP " )
<br /> located at
<br /> 2690 Cumberland Parkway , Suite 490
<br /> Atlanta , GA 30339-3913
<br /> by Indian River County , a Political Subdivision of the State of Florida
<br /> ( " LICENSEE " ) , located at
<br /> 1840 25th Street
<br /> Vero Beach , FL 32960
<br /> as follows :
<br /> 1 . Grant and Term of License
<br /> (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the " Premises " and at " Events "
<br /> and " Functions , " and not elsewhere or otherwise , non-dramatic renditions of the separate musical compositions in
<br /> the " ASCAP repertory . " The performances licensed under this Agreement may be by means of " Live
<br /> Entertainment " or " Mechanical Music " . For purposes of this Agreement ,
<br /> (i) " LICENSEE " shall include the named entity and any of its constituent bodies , departments ,
<br /> agencies or leagues .
<br /> (ii) " Mechanical Music " means music which is performed at the Premises by means other than by
<br /> live musicians who are performing at the Premises , including , but not limited to (A) compact disc , audio
<br /> record or audio tape players (but not including "jukeboxes " ) , (B) videotape , videodisc or DVD players ;
<br /> (C ) the reception and communication at the premises of radio or television transmissions which originate
<br /> outside the Premises ; and which are not exempt under the Copyright Law ; or (D) a music -on -hold
<br /> telephone system operated by LICENSEE at the Premises .
<br /> (iii) " Live Entertainment " means music that is performed at the Premises by musicians , singers or
<br /> other performers .
<br /> (iv) " Premises " means buildings , hospitals , airports , zoos , museums , athletic facilities , and
<br /> recreational facilities , including , but not limited to , community centers , parks , swimming pools , and
<br /> skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for
<br /> use by LICENSEE .
<br /> (v) " ASCAP repertory " means all copyrighted musical compositions written or published by
<br /> ASCAP members or members of affiliated foreign performing rights societies , including compositions
<br /> written or published during the term of this Agreement and of which ASCAP has the right to license
<br /> non-dramatic public performances .
<br /> (vi) " Events " and " Functions " means any activity conducted , sponsored , or presented by or under
<br /> the auspices of LICENSEE . Except as set forth in paragraph 2 . (d) below , " Events " and " Functions "
<br /> shall include , but are not limited to , aerobics and exercise classes , athletic events, dances and other social
<br /> events , concerts , festivals , arts and crafts fairs , and parades held under the auspices of or sponsored or
<br /> promoted by LICENSEE on the Premises .
<br /> (vii) " Special Events " means musical events , concerts , shows , pageants , sporting events , festivals ,
<br /> competitions , and other events of limited duration presented by LICENSEE for which the " Gross
<br /> Revenue " of such Special Event exceeds $25 , 000 (as defined in paragraph 4 . (d) below) .
<br /> (b) This Agreement shall be for an initial term of one year , commencing 01 /01 /2004 , which shall be
<br /> considered the effective date of this Agreement , and continuing thereafter for additional terms of one year each .
<br /> Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial
<br /> or any renewal term . If such notice is given, the agreement shall terminate on the last day of the term in which
<br /> notice is given .
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